Terms of Service

OVERVIEW

Welcome to Kiln And Kind. This store is operated by YuYao Ceramics Co., Limited (煜耀陶瓷有限公司), a company incorporated in Hong Kong, trading as Kiln And Kind. In these Terms, “we”, “us” and “our” refer to that company.

These Terms explain how you may use our website and purchase our products. Shopify provides the platform on which our store operates. Please read these Terms, our Privacy Policy and our Return & Refund Policy before placing an order.

Nothing in these Terms, including provisions concerning Shopify or other third parties, limits rights or remedies that cannot lawfully be excluded under applicable consumer law. If a provision conflicts with such rights, those rights prevail.

SECTION 1 - ACCESS AND ACCOUNT

You may place an order if you are legally able to enter into a binding contract under the laws applicable to you. If you are under that age, a parent or legal guardian must place the order on your behalf.

Please provide accurate and current contact, payment and delivery details. Keep your account credentials secure and notify us promptly if you suspect unauthorised access. You are responsible for activity you authorise, subject to applicable law. Accounts must not be sold or transferred without our consent.

SECTION 2 - OUR PRODUCTS

We aim to describe and display our products accurately. Screen settings and lighting may affect how colours appear. Any material characteristics or variations relevant to a product will be described on its product page. These qualifications do not excuse goods that are faulty or materially different from their description.

Please check the product description for dimensions, materials, quantities, included items and care instructions. Styling accessories are included only where expressly stated. Microwave, dishwasher, oven or food-contact suitability should not be assumed unless stated for the specific product.

We may update listings or discontinue products for future orders. Changes do not retrospectively alter an accepted order without your agreement or a lawful reason.

SECTION 3 - ORDERS

Placing an order constitutes an offer to purchase. An automated acknowledgement confirms receipt of your order and is not, by itself, acceptance. We accept your order when we send an express acceptance or dispatch confirmation.

We may decline an order for a legitimate reason, such as unavailable stock, an unsupported delivery address, an obvious pricing error or suspected fraud. We will notify you and refund any payment collected for an order we cannot fulfil. We will not substitute materially different goods or increase an agreed price without your consent.

Contact us promptly if you wish to change or cancel an order. Dispatch may limit our ability to change it, but does not remove statutory cancellation or return rights.

Returns and refunds are governed by our Return & Refund Policy and applicable consumer law. The voluntary 7-day change-of-mind application window does not override longer statutory periods, including applicable UK cancellation rights, or remedies for faulty goods.

SECTION 4 - PRICES AND BILLING

Product prices and the transaction currency are displayed in the store and at checkout. Please check the currency, items and total before paying. Prices and promotions may change for future orders, but changes do not alter the price of an accepted order.

Shipping charges and taxes we collect will be disclosed before payment, with tax-inclusive pricing where required by law. Any customs or import-charge arrangements applicable to your order must be disclosed before you purchase; these Terms do not impose an undisclosed blanket obligation on you to pay such charges.

You must be authorised to use your chosen payment method and provide accurate billing information. Promotion-specific conditions will be stated with the offer and cannot override mandatory consumer rights.

SECTION 5 - SHIPPING AND DELIVERY

Orders are shipped from China and are usually dispatched within 7 calendar days after payment is received. Dispatch time is separate from transit time.

Delivery availability, charges and any estimated delivery timeframe applicable to an order will be provided before payment. Shipping charges are based on shipment weight and destination. No free-shipping offer applies unless expressly stated for the order.

If an order is delayed, please contact us so we can investigate and explain the available options. Estimates do not remove our obligations to meet an agreed delivery deadline or provide remedies required by law.

For delivery arranged by us, the goods remain at our risk until they are physically received by you or a person you nominate to receive them. Handing a parcel to our carrier does not by itself transfer transit risk to you. Statutory exceptions for carriers independently commissioned by a consumer apply where relevant.

Please report missing, damaged or incorrect deliveries to kilnandkind@gmail.com. We will investigate and provide an appropriate remedy under our Return & Refund Policy and applicable law.

SECTION 6 - INTELLECTUAL PROPERTY

The website's original content, branding, design and other materials are owned by us or used with permission from their owners. Intellectual property rights remain with their respective owners, including Shopify where applicable.

You may browse the store, share links and retain copies of order information and policies for your own use. You must not use protected content commercially, misrepresent an affiliation or infringe another person's rights. This does not restrict uses permitted by law. Customer submissions are addressed in Section 11.

SECTION 7 - OPTIONAL TOOLS

We may make third-party tools available through the Services. Their providers may have separate terms and privacy notices, which you should review before using them.

We do not control independent third-party tools, but remain responsible for obligations that applicable law places on us. Nothing in these Terms excludes liability that cannot lawfully be excluded.

SECTION 8 - THIRD-PARTY LINKS

Links to independent websites are provided for convenience and do not necessarily imply endorsement. Those websites have their own terms and privacy practices. Please review them before providing information or making purchases.

We are not a party to purchases you make directly with an independent third-party seller. This does not remove our responsibility for our own statements, conduct or obligations under applicable law.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Kiln And Kind is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Kiln And Kind. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Kiln And Kind, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Kiln And Kind.

SECTION 10 - PRIVACY POLICY

Our Privacy Policy explains how we collect, use and share personal information and the choices and rights available to you.

Shopify hosts our store and processes information to provide its services. Shopify's consumer privacy policy is available at Shopify Privacy Policy. Information may be processed in countries other than your own, as explained in the applicable privacy notices.

Accepting these Terms does not, by itself, constitute consent to optional marketing or other processing that requires separate consent.

SECTION 11 - FEEDBACK

If you submit a public review or other content for publication, you retain ownership and give us a non-exclusive, royalty-free licence to display, reproduce and format it for operating and promoting the store. We will not misleadingly alter the meaning of a review. Private customer-service correspondence is not treated as permission for public advertising use.

You must have the right to submit your content and must not include unlawful material, malware, another person's private information or infringing content. Disclose incentives received for a review where applicable.

We may moderate content for legitimate reasons, such as spam, abuse or infringement, but will not remove a review merely because it expresses a genuine negative opinion. Our handling of personal information remains subject to the Privacy Policy.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

We may correct errors in listings or other website information. If a material error affects an order, we will contact you to explain it and obtain your agreement to any proposed change, or cancel and refund the affected order where legally permitted. We will not charge an increased price without your agreement. Your statutory rights remain unaffected.

SECTION 13 - PROHIBITED USES

Use the Services lawfully. Do not commit fraud, impersonate others, infringe rights, harass people, submit malicious code, send spam, harvest personal information or interfere with security or normal store operation.

Do not bypass access controls or use automated systems in ways that disrupt the Services or infringe rights. Permitted agents must comply with Section 14. We may take proportionate steps to prevent abuse, subject to Section 15 and applicable law.

SECTION 14 - AGENTS

14.1 This section ("Agent Terms") applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity and that can be executed on behalf of or using persons device, without direct supervision.
14.2 No Agent may access, use, or interact with Services unless, at all times, it identifies itself and operates in strict accordance with the requirements in section 14.4 below. In addition, no Agent may access, use, or interact with Services if we have requested that the Agent refrain from accessing, using, or interacting with any service.
14.3 We may limit, including by technical measures, whether and how any Agent accesses, uses, and interacts with Services.
14.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the name of the Agent by including the following in the request's user agent string: "Agent/[agent name]"; (ii) not conceal or obfuscate that any access, use, or interactions are from an Agent, such as by (a) mimicking human behavior and interaction patterns, or (b) completing or circumventing CAPTCHAs or measures intended to distinguish computer use from humans, (iii) respond truthfully to any question or prompt seeking to determine if interactions are coming from a human or a computer, (iv) not circumvent or otherwise avoid any measure intended to block, limit, modify, or control whether and how Agents access, use, or interact with the Services.

SECTION 15 - TERMINATION

We may restrict or suspend access where reasonably necessary to address fraud, security threats, unlawful conduct or a material breach of these Terms. Where appropriate, we will provide notice and an opportunity to resolve the issue; urgent action may be necessary to protect the Services or others.

Suspension or termination does not remove rights concerning accepted orders, refunds, complaints or statutory remedies. Provisions that reasonably need to continue, such as intellectual property and dispute provisions, survive termination.

SECTION 16 - DISCLAIMER OF WARRANTIES

We take reasonable care in providing the Services but cannot promise that the website will always be uninterrupted or free of technical errors.

Nothing in these Terms excludes or limits statutory guarantees, implied terms or remedies concerning product quality, fitness for purpose, correspondence with description, delivery or reasonable care and skill where those rights cannot lawfully be excluded.

For Australian consumers, our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for other reasonably foreseeable loss or damage. You are also entitled to have goods repaired or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure.

SECTION 17 - LIMITATION OF LIABILITY

We are responsible for loss or damage you suffer that is a reasonably foreseeable result of our breach of contract or failure to exercise legally required care, subject to applicable law.

Nothing in these Terms excludes or limits liability for fraud, fraudulent misrepresentation, death or personal injury caused by negligence, mandatory product liability, or any other liability that cannot lawfully be excluded or limited.

For consumer purchases, we do not exclude statutory refund, replacement, repair or compensation rights. References to third-party providers do not remove our own legal responsibilities. If a provision in these Terms conflicts with mandatory consumer protection, that protection prevails.

SECTION 18 - INDEMNIFICATION

You are responsible for your own unlawful conduct and deliberate misuse of the Services to the extent provided by applicable law. These Terms do not impose a general obligation on consumers to indemnify us or third parties for all claims or legal fees. We do not require you to compensate us for losses caused by our own breach, negligence or unlawful conduct.

SECTION 19 - SEVERABILITY

If a provision is unlawful or unenforceable, it will not bind you to that extent. The remaining provisions will continue where they can operate fairly and lawfully without it. Mandatory consumer protections take precedence.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

A delay in exercising a right does not automatically waive that right. These Terms, the order information and applicable policies form the agreement for the relevant purchase, subject to mandatory law.

Nothing in this section excludes statements or representations on which a consumer is legally entitled to rely, or liability for fraud or misrepresentation. Any interpretation rules required by consumer law continue to apply.

SECTION 21 - ASSIGNMENT

We may transfer our rights and obligations to another organisation only where this does not reduce your rights or materially disadvantage you. We will notify you where required by law. Any proposed transfer of your contractual obligations requires our agreement, without affecting rights that you may transfer by law.

SECTION 22 - GOVERNING LAW

These Terms are governed by the laws of Hong Kong, subject to any mandatory consumer protections that apply in your place of habitual residence.

This choice of law does not deprive you of protections that cannot be excluded by agreement. Nothing in these Terms requires you to bring proceedings exclusively in Hong Kong or prevents you from using courts or complaint mechanisms available to you under applicable consumer law.

Please contact kilnandkind@gmail.com first if you would like our help resolving a concern. Doing so is not a condition of exercising your statutory rights.

SECTION 23 - HEADINGS

Headings are provided for convenience and do not change the meaning of these Terms.

SECTION 24 - CHANGES TO TERMS OF SERVICE

We may update these Terms for future use of the Services and future orders. Material changes will be notified where required by law. An accepted order remains governed by the terms applicable when it was accepted, unless a change is required by law or agreed with you.

The version displayed when you order should be retained with your order records. Changes do not retrospectively remove accrued rights.

SECTION 25 - CONTACT INFORMATION

Trading name: Kiln And Kind
Legal entity: YuYao Ceramics Co., Limited
Chinese company name: 煜耀陶瓷有限公司
Email: kilnandkind@gmail.com
Hong Kong business registration number: 81147881

Registered office:
Room D07, 8/F, Kai Tak Factory Building, Stage 2
99 King Fuk Street, San Po Kong
Kowloon, Hong Kong

The registered office is not our returns address. Return instructions, the China return address and return-receiving telephone number are provided in our Return & Refund Policy.

Customer service hours: Monday-Saturday, 8 AM-11 PM Eastern Time (ET). Closed on Sundays.